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Tanzania decisions
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DLHT had jurisdiction to execute as no stay of execution was granted; applicant was duly served and given opportunity to be heard; no material irregularity or injustice occurred.
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The High Court quashed a land tribunal's refusal to execute its earlier order, holding the applicant was entitled to enforcement of the unchallenged judgment.
The High Court allowed a revision application, nullifying a district court order in probate proceedings for procedural irregularity, lack of hearing, and lateness.
The trial magistrate erred in dismissing the charge and acquitting the respondent due to a minor misspelling of the victim's surname; the proper remedy was to order amendment of the charge under section 234(1) of the CPA, not acquittal.
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The Court of Appeal held that an incompetent appeal should be struck out, not dismissed, and restored Charles Luhemeja’s High Court appeal.
The appeal was incompetent for being time barred and the circumstances did not warrant the Court's exercise of revisionary powers; thus, the appeal was struck out with costs.
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The applicant, not being a party to the matrimonial proceedings and having no established interest before the District Court, cannot invoke revisionary jurisdiction to challenge the division of property. Ownership disputes over the farm must be adjudicated in a competent land court, not through revision of matrimonial proceedings. The application is not maintainable.
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The applicant was properly served through her watchman, and affidavits of service were on record. The power of attorney on record authorized the 3rd respondent to dispose of the property. The applicant's claims of being condemned unheard and illegal dispossession are unfounded. There is no material error or injustice to warrant revision. The application lacks merit and is dismissed with costs.
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The High Court set aside ex parte interim and execution orders over a pledged motor vehicle, holding that the district court acted with material irregularity.
The High Court Land Division dismissed a revision application challenging execution proceedings before the Kinondoni District Land and Housing Tribunal, finding no irregularity or injustice.
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